Creating a lasting power of attorney is crucial for all adults, regardless of age, to ensure their affairs are managed according to their wishes if they become incapacitated. This legal document allows individuals to appoint representatives to handle financial and personal matters on their behalf.

A lasting power of attorney allows you to decide who will represent you and take care of your needs if disaster strikes, covering financial and personal matters unless otherwise specified.

Without a lasting power of attorney, relatives may face significant challenges, potentially leading to court intervention and delays in accessing medical records, making financial decisions, or managing assets. This can result in severe consequences, such as a company going bankrupt or a house ending up at forced auction.

The number of lasting powers of attorney created has increased, with over 154,000 created in 2024, nearly a 50 percent increase from the previous year.

To create a lasting power of attorney, individuals can use the online platform tinglysningen.dk and must register it with a notary public for a fee. However, the notary only verifies the grantor’s mental capacity and understanding, not the content of the document.

A significant number of lasting powers of attorney are rejected due to common errors, such as overly broad formulations like “all personal and financial matters,” which the Agency of Family Law may deem insufficient. It is essential to specify the attorneys’ powers, such as selling a home, investing funds, or paying out pension savings.

Other reasons for rejection include requiring attorneys to act jointly, which becomes problematic if one attorney is unable to fulfill their role. Additionally, provisions regarding fees for attorneys or the transfer of MitID access are often rejected.

Gift provisions are a major area of concern, as attorneys can only give gifts if the power of attorney explicitly states the amounts, recipients, frequency, and conditions. Failure to do so can result in these provisions being rejected, limiting gifts to ordinary Christmas and birthday presents.

Considerations when creating a lasting power of attorney include distributing tasks among multiple representatives, communicating wishes to those involved, and designating both primary and secondary attorneys. Having these conversations early and planning ahead can help make the process easier for your loved ones.